Digsville LLC ("Company") maintains the Digsville Network site to service its customers. By using or continuing to use the services of this Internet site you agree to the terms and conditions of this disclaimer. You further acknowledge reading and agreeing to the terms of this disclaimer.
Information contained on this Internet site is provided by Company, Client, Members and other third parties and is neither confirmed nor warranted by any party and the Company disclaims responsibility for the accuracy, content or availability of information located on the pages of this Internet site. Company is a distributor and not a publisher of the content supplied by third parties and users of the Digsville Network site.
The Digsville Network site and its contents are provided on an "as is" basis without any warranty or representations of any kind, whether express or implied. Company disclaims all warranties and representations as the publisher of any content transmitted on or in connection with the Digsville Network site(s) including, but not limited to, all express warranties, implied warranties of merchantability or fitness for a particular purpose or non-infringement of proprietary rights. Advice given orally or via computer transmission or written information given by Company nor any of its employees, officers, directors, agents, affiliates, or the like shall create a warranty. All disclaimers apply to site which may appear as links on the Digsville Network site(s).
As indicated in the aforementioned paragraph, Company is merely a distributor of the content supplied by third parties. Company is not involved in the actual transaction between exchangers. Company neither confirms nor edits any member information and does not check into the background of the persons supplying information or attempt to confirm the accuracy of information provided.
It is the sole responsibility of any person viewing or relying on information found at this Internet site to verify the accuracy of any information contained therein. Company suggests that all potential exchangers or their agents confirm all the terms of the proposed exchange (or other accommodations agreement) in writing in advance of the exchange. Company cannot and does not control whether or not a member completes an exchange. Company does not take responsibility for nor can it guarantee the success or failure of any specific home exchange (or other accommodations agreements) that result from the use of this system.
Limitation of Liability
Your use of the Digsville Network site(s) and its contents is at your own risk. If Company is unable to provide the promised level of service for any reason, including, but not limited to, negligence, service outages, acts of God, neither Company, nor its employees, directors, officers or any individual associated with the corporation can be held liable for any costs beyond the actual cost paid by the client for the services. Neither Company nor any of its affiliates or parties involved in creating or delivering the Digsville Network site(s) will be liable for any compensatory, direct, indirect, special, incidental or consequential damages, loss of data, income or profit, loss of or damage to property, or any claims of third parties arising from use of the site, regardless of the legal theory on which the claim is based, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of this information.
All of the above exclusions may not apply to you as some states or countries do not allow the exclusion or limitation of liability of consequential, incidental or other damages; in those states or countries not allowing such exclusions or limitations, liability is limited to the fullest extent allowed under the law.
The Digsville Network site is controlled by Company (Digsville LLC) a Delaware corporation with its corporate offices located at 1100 Valley Brook Avenue, Lyndhurst, New Jersey 07071, USA. Its Internet sites can be accessed throughout the United States and other countries and any of these locations can have laws, which may differ from those of New Jersey. By accessing the Digsville Network site(s) both you and Company agree that the laws and statutes of the State of New Jersey will apply to all matters or disputes stemming from the use of this site, its contents and materials. You and Company further agree to submit to the exclusive personal jurisdiction and venue of the Superior Court of New Jersey and/or the United States District Court for the Northern District of New Jersey located in Newark with respect to any matters relating to the use of the Digsville Network site(s) and its contents or any transaction arising from such use.
Company reserves the right to change the aforementioned terms at any time by reported changes online.
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